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To become an DirectBoats.com Affiliate, please complete the following
steps: 1) Read the following agreement in full. 2) Acknowledge that you understand and agree to it's terms by
submitting the Application Form. If you become an DirectBoats.com
affiliate, these terms will apply to our relationship with you. 3) We will evaluate your application and will notify you by e-mail of
your acceptance or rejection. We may reject your application if we
determine (in our sole discretion) that your site is unsuitable for the
program. Unsuitable sites include those that: If we reject your application, you are welcome to reapply to the
affiliate program at any time. This agreement contains the terms and conditions agreed upon between
you (Affiliate Website) and us (DirectBoats.com) with respect to
DirectBoats.com serving as your provider for new boats (referred herein as
"products"). 1. Affiliation You are responsible for ascertaining that we have the products you wish
to link to, and it is your responsibility to set up the links properly in
accordance with our format instructions. 2. Identifying Yourself As An DirectBoats.com Affiliate You must display our logo on your home page or other appropriate page(s)
on your site. You may do this at your discretion by choosing from the
images provided on our logo images page. You are responsible for the
content, style and placement of the references you make to
DirectBoats.com's products. 3. Setting Up Links We will provide you with instructions on how to set up links from your
site to DirectBoats.com in the logo images page. You may post as many
links on your site to DirectBoats.com as you like, and may remove them at
your discretion from your site at any time without our approval. Because
we want to protect consumer privacy, as an DirectBoats.com Affiliate, you
may not promote your DirectBoats.com links through unsolicited e-mailing
(i.e., Spamming), newsgroup postings, or any other method of mass
communication. 4. Loan Processing and Tracking We will process orders placed by customers who follow links from your
site to DirectBoats.com. We will be responsible for all aspects of order
processing, and customer service. Please note that we presently only
accept orders from addresses in the Continental United States, and will
notify you when we expand to other parts of the globe. We will track traffic made by customers using links from your site to
ours and will give you access to our Affiliate Center, where you can check
your site activity. To permit accurate tracking, reporting, and commission
fee accrual, you must ensure that the links between your site and our site
are properly formatted. 5. Affiliate Commission Rate We will pay you a 2% commission on successfully closed boat loan
applications generated during the referred session from your website to
DirectBoats.com. The commission is paid on all successfully closed sales
made during a referred session. For a transaction to generate a commission fee, each transaction must
be completed, i.e., the customer must follow a link from your site to ours
and order a boat online using our automated online system and the sale
must successfully close. If an order is placed and the customer
changes his or her mind, the sale will be marked as bogus and credit will
be canceled. 6. Accounting DirectBoats.com will pay you your commissions every 30 days at the
first of the month. All initial commission checks will be held for 30 days
before being disbursed. For a transaction to generate a commission
fee, each transaction must be completed, i.e., the customer must follow a
link from your site to ours and buy a product online. 7. Policies and Pricing Customers who buy boats through this program will be deemed to be
customers of DirectBoats.com. Accordingly, all DirectBoats.com rules,
policies, and operating procedures will apply to those customers. We
reserve the right to change our policies, operating procedures, and prices
at any time. 8. Limited License We grant you a non-exclusive, revocable right to use the
DirectBoats.com's icon, logo, text links, banners, and such other images
for which we grant express permission, solely for the purpose of
identifying your site as a program participant. You may modify the icon,
the message or any of our images in on approval. Just e-mail the
requested icon or banner and mark it "affiliate banner change
request". We reserve all of our rights in the icon, the message, any other
images, our trade names and trademarks and all other intellectual property
rights. We may revoke your license at any time, by written notice to you. 9. Responsibility For Your Site You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site.
For example, you will be solely responsible for: The technical operation of your site and all related equipment.
Creating and posting product descriptions on your site and linking those
descriptions to our products. The accuracy and appropriateness of materials posted at your site. For
ensuring that materials posted on your site do not violate or infringe
upon the rights of a third party, and for ensuring that materials posted
on your site are not libelous or otherwise illegal. We disclaim all
liability for the above matters. Further, you hereby indemnify and hold DirectBoats.com harmless from
all claims, damages and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance and
contents of your site. 10. Term Of The Agreement The term of this agreement will begin upon our acceptance of your
Affiliate Application and will end when terminated by either party. Either
you or we may terminate this agreement at any time, with or without cause,
by giving the other party written notice of termination. You are only eligible to earn commission fees on successfully completed
boat sales occurring during the term, earned through the date of
termination. We may withhold your final payment for a reasonable time to
ensure the correct amount is paid. 11. Relationship Of Parties You and we are independent contractors, and nothing in this agreement
will create any partnership, joint venture, agency, franchise, sales
representative or employment relationship between the parties. You will
have no authority to make or accept any offers or representations on our
behalf other than to link to DirectBoats.com site and products. You will
not make any statement, whether on your site or otherwise, that reasonably
would contradict anything in this section. 12. Limitation Of Liability We will not be liable for indirect, special or consequential damages,
or any loss of revenue, profits or data, arising in connection with this
agreement or the program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising with respect to
this agreement and the program will not exceed the total commission fees
paid or payable to you under this agreement. 13. Disclaimers We make no express or implied warranties or representations with
respect to the program or any products sold through the program
(including, without limitation, warranties of fitness, merchantability,
non-infringement or any implied warranties arising out of a course of
performance, dealing or trade usage). We will use our best efforts to
maintain our site's functionality, however, technical difficulties may
occur from time to time which may cause temporary interruptions of
service. We will not be held liable for the consequences of any such
interruptions or errors. 14. Acknowledgement You acknowledge that you have read this agreement and agree to all it's
terms and conditions. You understand that we may at any time (directly or
indirectly) solicit customer commissions on terms that may differ from
those contained in this agreement or operate web sites that are similar to
or compete with your website. You have independently evaluated the
desirability of participating in this program and are not relying on any
representations, guarantee or statement other than as set forth in this
agreement. 15. Miscellaneous This agreement will be governed by the laws of the United States and
the State of Georgia, without reference to rules governing choice by laws.
Any action relating to this agreement must be brought in the federal or
state courts located in Americus, Georgia, and you irrevocably consent to
the jurisdiction of such courts. You may not assign this agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
agreement will be binding on, inure to the benefit of and be enforceable
against the parties and their respective successors and assigns. Our
failure to enforce your strict performance of any provision of this
agreement will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this agreement. Acknowledged And Agreed To By The Parties. I indicate my approval of this agreement and desire to become an
DirectBoats.com Affiliate under these terms by filling out and submitting
the "Affiliate Program Application Form". I
Agree! Click Here to fill out the Application! - Home
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